Team Trump Files For Mistrial In New York Civil Case
Charlie Kirk Staff
11/15/2023

Lawyers for former President Donald Trump on Wednesday filed a motion for a mistrial in the civil fraud case brought against him by New York Attorney General Letitia James, alleging that the judge overseeing the case is biased.
Trump’s 30-page motion alleges that Judge Arthur Engoron engaged in extrajudicial activities “publically commenting” in the trial and is impermissibly “co-judging” with his law clerk Allison Greenfield, who is involved with “extensive, public partisan activities.” He also attacked the gag orders Engoron issued barring Trump and other parties from speaking publicly about members of his staff as being imposed to prevent these issues from “becoming public.”
“Such evidence, coupled with an unprecedented departure from standard judicial procedure, has tainted these proceedings and a mistrial is warranted,” his lawyers said. “Specifically, the Court’s own conduct, coupled with the Principal Law Clerk, Allison Greenfield’s (“Principal Law Clerk”) unprecedented role in the trial and extensive, public partisan activities, would cause even a casual observer to question the Court’s partiality.”
“Thus, only the grant of a mistrial can salvage what is left of the rule of law,” the motion continues.
In early October, Engoron imposed a gag order on Trump after he made a post on his Truth Social platform referencing Greenfield as Democratic Senate Majority Leader Chuck Schumer’s “girlfriend.” Trump subsequently violated the order, leading Engoron to impose $5,000 and $10,000 fines on the former president.
“The gag orders and the enforcement thereof reveal the Court has christened itself camera stellata: judge, jury, and executioner, proceeding sua sponte to act against President Trump in violation of the Constitution, the Judiciary Law, and First Department rules,” Trump’s lawyers argued.
“This Star Chamber approach is particularly indefensible when the gag orders actually shield the Court itself from public criticism for perceived bias —one of the most fundamental rights under the First Amendment,” they added.
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